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Removal of Conditions on a Green Card
Ensure Your Conditional Green Card Becomes Permanent
Conditional green cards are temporary permanent residency statuses issued for a limited time, typically 2 years. Before the conditional period expires, you must file a petition to remove the conditions within a 90-days window and secure a full, 10-year permanent green card.
Therefore, removal of conditions is the legal process that converts conditional permanent residency into a full permanent green card. This process applies to all conditional green cards, though the specific steps and forms depend on how the green card was originally obtained.
Removal of Conditions Process
Removal of conditions is the process that:
- Confirms you meet all legal requirements for permanent residency
- Changes your conditional green card into a 10-year permanent green card
- Protects your legal right to live and work permanently in the U.S.
Conditional green cards exist in several situations such as;
- Marriage-Based Conditional Green Cards – most common
- Investment-Based Conditional Green Cards (EB-5)
- Other rare conditional categories
Each type has a different process and form:
- Marriage-based – Form I-751
- Investor-based (EB-5) – Form I-829
- Other conditional categories – specialized processes
Get more context on marriage-based green cards.
Removal of Conditions for Marriage-Based Green Cards (I-751)
After receiving a conditional green card through marriage, you have to file for removal within a 90 days window.
- It can be filed jointly with your spouse.
- Can be filed individually via a waiver if:
- Divorce or separation
- Abuse or domestic violence (VAWA waiver)
- Death of your spouse
- Spouse refuses to cooperate
Step-by-Step Process (I-751)
- Consultation & Case Review – Confirm eligibility and filing type.
- Collect Evidence – Joint bank accounts, leases, photos, affidavits, children’s birth certificates, travel records.
- Prepare Petition – Complete, accurate Form I-751
- Submit Petition to USCIS – Track receipt and deadlines
- Biometrics Appointment – Fingerprints and photos.
- Respond to Requests for Evidence (RFE) – If USCIS asks for more info.
- Interview Preparation (If Required) – Guidance for in-person review.
- Approval & 10-Year Green Card.
Removal of Conditions for EB-5 / Investment-Based Green Cards (I-829)
If your conditional green card was granted through an EB-5(invesment-based) , you must file Form I-829 to remove conditions.
Evidence required includes:
- Proof of investment in a qualifying business.
- Job creation records.
- Financial and tax documentation.
Documents You Will Need
For Marriage-Based Conditional Green Cards (I-751):
- Passport and current green card.
- Marriage certificate.
- Divorce or death certificate (if applicable).
- Joint bank statements, leases, utility bills.
- Photos together, affidavits from family or friends.
For EB-5 Investor Conditional Green Cards (I-829):
- Investment and business records.
- Job creation documentation.
- Financial and tax statements.
- We provide a custom checklist for each client.
Processing Times & Deadlines
Processing times for removing conditions on a green card vary depending on the type of conditional green card, the USCIS service center handling your case, and the complexity of your petition. While each case is unique, applicants should plan for several months to a few years before final approval.
It’s important to note that filing your petition before your conditional green card expires automatically extends your status while USCIS reviews your case, so you remain protected during the process.
For the most up-to-date information on processing times, you can check the USCIS processing times .
Consulting with a Green card removal of conditions lawyer can help you anticipate delays, ensure deadlines are met, and properly respond to any Requests for Evidence (RFEs), keeping your petition on track.
Common Challenges We Help Solve
- Missing filing deadlines.
- Divorce, separation, or spouse issues.
- Domestic abuse or safety concerns.
- Insufficient evidence to prove eligibility.
- Confusing paperwork or USCIS requirements.
We anticipate challenges early and guide clients step by step to build strong petitions and protect permanent residency.
Why Hire a Lawyer?
Filing a petition to remove conditions can be complicated, and even small mistakes can lead to delays or denials. A Green card removal of conditions lawyer helps ensure your petition is accurate, complete, and well-documented.
Working with a lawyer allows you to:
- Avoid errors that could lead to denial.
- File waivers correctly if joint filing isn’t possible.
- Respond properly to Requests for Evidence (RFEs).
- Build a strong evidence package.
- Protect your green card and reduce stress.
With the guidance of an experienced lawyer, you can navigate the process confidently and increase your chances of approval.
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Frequently Asked Removal of Conditions Questions
What is the purpose of filing for removal of conditions?
Removal of conditions is the process that allows a conditional permanent resident to obtain a full 10-year green card. Conditional status is temporary and typically lasts two years. Filing Form I-751 (for marriage-based cases) or Form I-829 (for investor cases) proves to USCIS that you still meet the requirements for permanent residency. If approved, you become a regular lawful permanent resident without conditions.
What happens if I do not file my removal of conditions application on time?
If you miss your filing deadline, USCIS may terminate your conditional resident status and begin removal (deportation) proceedings. However, late filings are sometimes accepted if you include a written explanation and proof of circumstances beyond your control (such as illness, abuse, or major life events). Because the consequences are serious, it’s important to get legal help immediately if you believe your filing will be late or has already lapsed.
Can I travel outside the United States while my removal of conditions petition is pending?
Yes. As long as you file your petition on time, your USCIS receipt notice automatically extends your conditional resident status. This extension allows you to travel internationally and re-enter the U.S. with your expired green card and your extension notice.
If your case involves unusual circumstances such as divorce, waivers, or lengthy travel. it’s wise to speak with an attorney before leaving the country.
Will I have an interview for removal of conditions?
Not every applicant is required to attend an interview. USCIS may waive the interview if your petition includes strong, consistent, and well-organized evidence showing eligibility.
You are more likely to be scheduled for an interview if USCIS needs clarification, suspects fraud, finds gaps in evidence, or notices inconsistencies. A lawyer can help you prepare your documentation to reduce the chances of an interview and ensure you feel confident if one is required.
How long does it take to receive the 10-year green card after filing?
Processing times vary widely based on your form type and USCIS service center. Many I-751 marriage-based cases take 18–30 months, while I-829 investor cases often take 2–4 years or more due to program complexity.
USCIS updates processing times regularly, so it’s best to check the official USCIS processing times page for the most current estimates. Regardless of how long it takes, your filing receipt extends your status and protects your ability to work, live, and travel legally while the case is pending.
Can I file to remove conditions if my spouse and I divorced?
Yes. If your marriage ended in divorce, annulment, or if you were a victim of abuse, you can still file to remove conditions without your spouse by requesting a waiver of the joint filing requirement.
USCIS will review evidence showing that the marriage was genuine at the time it began, even if it did not last. Divorce cases require careful documentation, so many applicants work with an attorney to ensure the waiver is filed correctly and supported with strong evidence.
What questions will I be asked at the interview?
Interview questions vary by case type. We prepare you with the most common questions and ensure you know how to answer clearly and confidently.
This information is for general educational purposes only and is not legal advice. Reading this page does not create an attorney–client relationship. Immigration laws change frequently, and your situation may require personalized guidance.
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